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2011, Vol., No.51

  • 1.

    A Study on Issues and present conditions of the Statutory Interpretation System of the Korean Ministry of Government Legislation

    이상윤 | 2011, (51) | pp.1~26 | number of Cited : 2
    Statutory interpretation by the Korean Ministry of Government Legislation (the “Ministry”) is considered to have improved legality and propriety of public administration and supported consistent law enforcement activities. It thus receives praise for its significant contribution to the protection of the people's rights in an indirect manner. In particular, on July 1, 2005, the Ministry revised its operating rules for legislative affairs in order to expand the range of people who have the right to request statutory interpretation. Further, as an independent, professional agency with authority to interpret statutes, the Ministry established the Committee on Statutory Interpretation to enlarge the scope of statutory interpretation. However, despite all of these continued efforts to improve the statutory interpretation system, the problem of enhancing efficiency of the statutory interpretation system through the extension of the boundaries of people who have the right to interpret statutes and subject matters of statutory interpretation still remains unresolved. This study, in this regard, analyzes the outline, achievements and present conditions of the current statutory interpretation system of the Ministry and presents ways to systematically improve the problems raised so far.
  • 2.

  • 3.

    Freedom of Assembly and Prior Restraints in the U.S. Constitution

    LEE BYEONG-GYU | 2011, (51) | pp.27~57 | number of Cited : 5
    This study focuses on the US Supreme Court's precedents related to prior restraints on freedom of assembly of the American Constitution. It takes note of the process in which the concept of prior restraint was formed early in America and potential risks of prior restraints with regard to basic human rights, compared to post restraints. Just as freedom of assembly, guaranteed by the First Amendment, is viewed as part of freedom of expression, prior restraints on freedom of assembly are also treated within the domain of prior restraints on freedom of express. The Near v. Minnesota case, where the Supreme Court ruled prior restrains on freedom of express to be unconstitutional, is a significant precedent in that the case dealt with the constitutionality of prior restraints on constitutional rights. Before discussing prior restrictions on freedom of assembly, this study examines those on obscene expressions and restrictive zoning because the freedom of assembly to appreciate audiovisual materials can rightly be regulated in advance as a result of restriction on obscene expressions, and in some regions imposed by the constitutional restrictive zoning, assemblies can be prohibited beforehand by means of the prior control on the areas. After that, the present study investigates more direct problems regarding prior restraints on freedom of assembly. Under the US Constitution, prior restraints on freedom of assembly and the like are presumed to be grossly unconstitutional since they can suppress the freedom protected by the First Amendment. However, if prior restraints represent well problematic situations in need of the laws and follow proper procedures in consideration of ensuing problems, it is impossible to say that they are unconstitutional and should be completely excluded from the Constitution. Moreover, constitutional issues can be addressed only if noncriminal procedures restricting expressions in advance are guaranteed by details of procedure which prevent risks of the censorship system. According to recent precedents, however, procedural guarantees are required in case of content․neutral permissions among regulations on using public forums. In the United States, prior restrains on freedom of assembly, a permit system through broad discretion, are banned but they are accepted when there are dangers directly on public peace and order. This feature can be found in the prior restraints on freedom of assembly under the Korean Constitution. Though the Korean Constitution prohibits permission or censorship on freedom of assembly while adopting the prior notification system, all prior restraints are not uniformly unconstitutional. In this sense, it is necessary to refer to the US Supreme Court's precedents regarding prior restraints on freedom of assembly.
  • 4.

    A Study on the operation of the establishment committee of redevelopment/reconstruction association and the association on the Present Urban Regeneration Law

    김학수 | 2011, (51) | pp.59~101 | number of Cited : 4
    It is important to review the procedures focusing on the legislation of urban rehabilitation as the adjective law for the ground. It is natural that the flaw under the procedure is the main content generally in the issues concerned. And, it is meaningful to analyze, review, and construct the content of the precedents, by the Supreme Court and lower courts, which may have important meaning, introducing the cases of recent precedents in this paper. There are many cases that the head and executives of the association do not show their credibility and fairness in executing the work, even though the roles of the chairman and members of promotion committee and the head and executives of the association are very important. In addition, it is often observed that the members of general meeting of the association, the highest resolution organization, is uninterested and, on the contrary, some members cannot present their opinion or execute their rights since they have no professional or legal knowledge to judge the situation of the project. All the issues until now would be solved by executing the system at a time. As optimistic prospect is earlier, the outcome of the system execution would be observed. Even if any policy is presented, justice, fitness of the purpose, and legal suitability are necessary for right values and the work process by the operation party. Finally, the mayor, the head of county or district should supervise and monitor the project completely with positive concern by organizing professional team to make successful rehabilitation work, not disregarding the point that the rehabilitation work is to contribute to the development of communities in the region.
  • 5.

    Restrictive interpretation and Application of Endangering Offense Provisions

    TAEMYEONG KIM | 2011, (51) | pp.103~134 | number of Cited : 27
    Expressing “the person who causes danger”, Criminal law clearly specifies the fact that if a concrete endangering offense(konkrete Gefährdungsdelikt) endangers the benefit and protection of the law, it should be considered as consummated crime and be punished. However, criminal law does not specify the elements of an offence which show what kind of crime is an abstract endangering offense. In principle, every crime should be considered as depriving offense. If a crime is considered as endangering offense, the crime should be specified concretely. If an exception is needed, the exception should have the enough reason to be accepted and have the rational grounds. Even If so called the cases classified as abstract endangering offenses, such as setting fire to a present living building(Article 164 Clause 1), setting fire to a public structure(Article 165) and setting fire to other building owned by others(Article 166 Clause 1), are considered as depriving offense, there is no matter. It is because the criminal punishment codes includes the punishment for the incomplete attempt, conspiracy and preparation, so that there is no reason to do in view of criminal policy. In other words, arson in Korean criminal law should be interpreted as the meaning that arson is consummated in the case of burning down, contrast to the Germany criminal law in which arson is consummated even in the case of burning partly. Meanwhile, if the criminal law does not provide the punishment to incomplete attempts, such as a failure of dispersion of masses(Article 116), there is some doubt about how to the punish them. But, considering the fact that the crime itself punishes the pre riot(Article 115) stage, to make a clause to punish incomplete attempt on a failure of dispersion of masses means that the clause punishes the stage before prestage. If we see the codes called abstract endangering offense, the codes express that if setting fire causes the arson objects, such as a present living building, a public structure and other building owned by others, to be burned fully, the act is arson. If the arson objects are not burned fully, the act should not be recognized as abstract endangering offense and not be consummated.
  • 6.

    Legal study on the Illegal Detention Crime in the People's Republic of China

    오창식 | 2011, (51) | pp.135~169 | number of Cited : 0
    According to the criminal law of the People's Republic of China, The Illegal Detention Crime is the behavior of illegal detain others or illegal deprive liberty rights of others by other means. There is one case of illegal detain others for debts, and it is called “Crime of illegal Detention for debts”. It is not an independent crime, but a special circumstance of the illegal Detention Crime. But there are many disputes in the theoretics and justice Practice. Dealing with the complicated situation of justice Practice, Chinese Law enforcements have problems in determining the nature of that sort of crime. Furthermore, It's much more difficult for foreign investors just like Korean merchants who lack of chinese legal knowledge to tell Illegal detention crime from legal action toward an insolvent debtor. Because of this facts, Many korean suffered from the pain of detain, but could not have proper release. with resolving similar cases in justice Practice and comparative analysis methods, this paper is about to introduce the concept the chinese detention crime and related problems to some groups who want to know the realities of chinese investment environment and legal problems. This paper is composed of six elements:Part one quotes the reasons of Detention crime, and then point out the problems between koreans merchants and chinese government attitude. Part two introduces the legal determination changes about Detention Crime and law interpretation. Part three analyzes the ingredients of Detention Crime. Part four makes comparative analysis between Detention Crime and Similar crimes. Part five indicates proper debt problems in Detention Crime. Part six makes a brief comparison about Kidnapping Crime.
  • 7.

    Study on the Evidence Collection and Reliability of Legal scientific Evidence

    천진호 | 2011, (51) | pp.171~202 | number of Cited : 9
    When a crime occurs, blood or a weapon or fingerprints, DNA, crime and witnesses who left such traces. Evidence of a crime if the person remained in the memories of people's perception or memory, or representation, including the error appears fragile and conscious misrepresentation. However, evidence of a crime other than the memory of this man that the existence and status of the remaining evidence is itself evidence is clear. So even in the investigation and trial, the evidence of things takes precedence over the person's evidence by saying that the evidence of things are being emphasized. Especially the feelings through the medium of the evidence is strong evidence that many cases, due to the need for scientific investigation and evidence of active steps to get help from the experts are getting a lot of opportunities. One of the main characteristics of today's criminal trial, the evidence of science, when one considers the fact that the trial of the scientific evidence on how to determine the admissibility of evidence raised in the rationalization of the findings of fact are very important. This ability to have the evidence, scientific evidence, scientific laws and that the technical feasibility of using a scientific test to be recognized. How to recognize the validity of the court's approval, the legislation approved by the other party's consent or agreement between the parties in general. Using new technology, but the evidence for the court's approval, by the legislative approval, consent or agreement between the parties if there is no technology for the validity of expert testimony by investigators, or as required to prove. If, however, inquired what extent the testimony of the criteria required for what is not clear. In other words, the scientific principles and evidence from the discovery phase of the experiment, when the stage is difficult to clearly Determining move. In this study, how to collect evidence, admissibility of evidence and case law related issues in the future by observing the evidence at trial clearly issues related to the direction of the use is proposed. To get evidence that this premise should be reliable. In order to determine the basis of reliable evidence and the validity of the background, principles, and background validity of the principles embodied apply technology, specifically applied in the case of reasonable requirements of such technology is needed to prove. Especially, in specific cases such technology suitable for application in regard to the relevant technology, the unit's status, compliance with the appropriate analytical procedure, or interpret the results of the experiment include a person's eligibility will be required to be recognized. In the United States, the evidence used in court to be trust in the evidence should be admitted. Approved the general principles of how judgments (Frye Test), the principles of scientific integrity (Daubert Test), relevant approach (McCormick Test) and can be divided into three kinds. Currently the country is the principle of the theory, and is recognized in the trial. Application of these principles for the scope and limits are different opinions. Used as evidence in forensic evidence and that the criteria applied to study the scope and limitations is necessary. And recent court cases also have a variety of evidence now being used in the forensic crime corresponding to the configuration requirements to prove the fact that the basis for legitimate scientific research evidence that a rough survey of evidence to prove the evidence must be verified by the rigorous has taken a position. Forensic evidence, evidence of the ability of the general requirements and procedures for collecting evidence of a foreign national with research, mainly in cases of the theory and in-depth study is necessary.
  • 8.

    A study on contracting parties' responsible reasons for the variation in the general conditions of construction contract

    TAEKWAN KIM | 2011, (51) | pp.203~239 | number of Cited : 1
    General Conditions of construction contract provided that the provisions relating to variation, but The meaning of the variation and variation, according to the liability in respect of a proper study is not well known. General Conditions of construction contract established by the variation, according to the contract price adjustment system, to fully understand the General Conditions of construction contract on both the design-build and not. it is based the parties responsible for variation for the reasons it is necessary to review. In other words, in interpreting the reasons for variation, variation and final destination of a range of high-level design, design-build and separated design-build construction contracts according to the bulk of design work for a person who is responsible for the primary reason responsible for variation, material There is a need for acceptance. Particularly design-build Construction Contract for variation in the amount of increase in the contract to acknowledge the reason for the contract partner's responsibility in interpreting a written contract opponent bids high-level design to reflect the requirements of Notes validly be made​​, contract reflects the fact which demands from the plan bookshelf bidding guidebook which draws up and lawfully, being drawn up, the cause of variation occurred from the contract relative voluntary dominative territory outside to finish the thing and a contract facing each other own normal attention, the fact that will obstruct a variation impossibility all must give proof the thing and the variation is not a contract relative voluntary responsibility.
  • 9.

    Die zweckwidrige Verwendung von Spenden und das Bereicherungsrecht - unter besonderer Berücksichtigung der Zweckschenkung und condictio ob rem -

    Ahn Byung Ha | 2011, (51) | pp.241~271 | number of Cited : 2
    Das Spenden wird als eine typisch altruistische Handlung in den meisten Ländern gefödert, weil es die Lücke der marktwirtschaftlichen Einkommensverteilung ergänzt und somit in der vom harten Wettbewerb beherrschten kapitalistischen Gesellschaft einen warmen Hauch von Humanismus spüren läßt. Um dieses ziemlich wünschenswerte Spenden dauernd zu motivieren, ist es aber zwingend erforderlich, rechtlich sicherzustellen, daß die Spende entsprechend dem vom Spender bestimmten Verwendungszweck eingesetzt wird. Ansonsten kann dem Spender das Gefühl der inneren Befriedigung weggenommen werden, was die allgemeine Bereitschaft zum Spenden schon im Ansatz ersticken würde. Als rechtliche Mittel zur Durchsetzung des eigenen Willens bezüglich der Spendenverwendung stehen dem Spender zwar neben der Vereinbarung einer Auflage oder einer Bedingung auch der vertragliche Rücktrittsvorbehalt zur Verfügung. Beim Abschluß des Schenkungsvertrages bedient sich aber der Spender selten dieser Rechtsmittel, weil er normalerweise in der gefälligen Atmosphäre dem Zusagen der Gegenpartei völlig vertraut. Deshalb ist ein anderer Rechtsbehelf vonnöten, der insbesondere ein solches Vertrauen des Spenders schützen kann. Um diesem Bedürfnis nachzukommen, schlägt die vorliegende Arbeit vor, daß der in der deutschen Lehre und Rechtsprechung zu findende Begriff der sog. Zweckschenkung in Verbindung mit der condictio ob rem eingeführt werden sollte. Dies gilt umso mehr, als die große Zurückhaltung des Koreanischen Obersten Gerichts bei der Anerkennung der Auflagenschenkung mit berücksichtigt wird. Obwohl die Anerkennung des Begriffs der Zweckschenkung in Verbindung mit der condictio ob rem auch in Deutschland nicht unumstritten und heutzutage die Behauptung häufig zu hören ist, daß die conictio ob rem für den Fall des Nichteintritts des angestaffelten zusätzlichen Zwecks nicht anwendbar sei, ist doch nicht zu leugnen, daß in einem solchen Fall die Anerkennung der condictio ob rem eher sowohl dem Willen der Parteien als auch der zivilrechtlichen Dogmatik entspricht, als die Anerkennung des Wegfalls der Geschäftsgrundlage. Soweit man den Begriff des rechtlichen Grunds nach richtiger Auffassung als Erreichung des bestimmten oder vereinbarten Zwecks ansieht, kann die condictio ob rem auch aufgrund des § 741 KBGB ohne weiteres ausgelöst werden, wenn die Spende zweckwidrig verwendet worden ist.
  • 10.

    The legal matters in connection with the Payment in illegal cause

    김성욱 | 2011, (51) | pp.273~295 | number of Cited : 7
    The title of this thesis is “The legal matters in connection with the Payment in illegal cause”. The Payment in illegal cause regulated by Civil Code Article 746 is to maintain legal system and legal harmony by protecting the one who commit the anti-social legal act. If there is no legal ground to justify the delivery of the payment, the payment should be returned as excessive profit. However, when we enlarge the scope to the situation when underlying contract is anti-social therefore void, the claim for recapture is rejected due to the unfairness of the protection given to the one who commit the act against legal system. Other countries also have similar regulations in the form of provision, general doctrine and case law. Consider the aim the payment of illegal cause provision still remains a problem; rejection of the deliver's claim reach substantially the same result as giving the benefiter a lopsided return which is not acceptable in the view of equity. I explained about the main contents of the Payment in illegal cause and dealt with the important contents of the Payment in illegal cause and suggested especially the problems and improvements in connection with the coverage of the Payment in illegal cause.
  • 11.

    Relation between non-patrimonial damage and mental anguish in korean civil law article 751 (1) - Focused on damages for immaterial harm to juristic person -

    Seo, Jong-Hee | 2011, (51) | pp.298~328 | number of Cited : 9
    With regard to ‘Compensation for Non-Economic Damages’, korean civil law article 751 (1) provides that “a person who has injured the person, liberty or fame of another or has inflicted any mental anguish to another person shall be liable to make compensation for damages arising therefrom”. But when it comes to analysis on ‘mental anguish’, it is necessary to be a matter of debate. That is to say, if the victim does not suffer because he is reduced to ‘the vegetative state’ or ‘juristic person’(a foundation), can we deny damages for pain and suffering?I think that we must not disclaim damages for pain and suffering to a person in a state of living death because he cannot suffer pain or experience anguish in his state. Most of the countries apply the normal measure of damages for non-pecuniary loss. That leads regularly to sums which belong to the highest awards for pain and suffering. As if comatose or other impossibility to feel the impairment is deemed to be no reason to reduce damages for immaterial harm, we must admit responsibility on tort against juristic person though he cannot suffer pain or experience anguish. If juristic person put in a claim for non-patrimonial damages, the court must calculate a reasonable estimate of the costs. But no hard and fast rules exist on the momentary assessment of non-pecuniary damage. Non-pecuniary damage is damage that cannot be measured in exact and objective, market-oriented terms of money but must be estimated. Thus, the court could refer to the assessment of ‘Schmerzensgeld’. For example, as to damages(‘Schmerzensgeld’) for pain and suffering for bodily harm, their assessment has to take into account all relevant circumstances of the case. The primary factors are the gravity and endurance of pains and the lasting consequences of injuries; but also age and personal situation of the victim, degree of fault on the part of the tortfeasor matter. And even the economic situation of the both parties or the fact that are insured plays a role. To put it in a nutshell, the victim need not have capacity to feel the impairment in order to admit ‘Compensation for Non-Economic Damages’ was authorized by korean civil law article 751 (1). Therefore, ‘Schmerzensgeld’ is also due where the victim does not suffer because he is reduced to the vegetative state. Furthermore, compensation for non-economic damages to juristic person can be admitted.
  • 12.

    Private International Law Issues Related to Electronic Litigation

    Gyooho Lee | 2011, (51) | pp.329~368 | number of Cited : 1
    The scope of electronic litigation system in Korea did, do, and will expand gradually on basis of a domestic law. As a corollary, the electronic litigation system will be introduced comprehensively except for the ordinary criminal procedure until 2013. This Article explores the legal issues raised in terms of international electronic litigation. The website for the electronic litigation opened on the homepage of the Korean Supreme Court is not easy for a person or an entity who resides in a foreign country to have access to it because it is administered in Korean and public certification is necessary for him/her to log in it. However, the international electronic litigation is likely to take place when it is represented by an attorney. In this regard, the Article discusses international jurisdiction issues and then stresses that the general principles of international jurisdiction hold true to international electronic litigation. Hence, there are no special rules applicable to only international electronic litigation in terms of choice of court agreement and international jurisdiction by appearance. Next, the Article delves into how electronic service is treated in international electronic litigation. Electronic service is not allowed as far as international electronic litigation is concerned. Finally, the Article deals with recognition and enforcement of a foreign judgment in this regard.
  • 13.

    Study on Cases of Correcting Discrimination against Irregular Workers

    Eunjeong Park | 2011, (51) | pp.369~394 | number of Cited : 5
    It has passed almost 4 years since the Discrimination Correction System for Irregular Workers was put in force. During that time, a lot of cases have been examined by LRC, and some of them are pending in the courts. In this paper, several cases correcting discrimination against irregular workers are organized in the order of : ① the repetition and renewal of fixed-term labor contract and the eligibility of the petitioner; ② the eligibility of public institutions as the accused, ③ the sameness or similarity of work and selection of the group of regular workers who can be compared with the petitioner who is an irregular worker, ④ the problem with selection when there are plural groups of regular workers which can be compared with a irregular worker, ⑤ the problem with the meaning of wages and ‘other’ working conditions as the object of correction of discrimination, ⑥ wage as a continuing discrimination, ⑦ the problem whether a collective agreement can be a resonable cause of discrimination. By studying the cases correcting discrimination until now, this paper tries to cover how that points(①-⑦) were solved and what the meaningful or doubtful points are.
  • 14.

    Legal Aspects of Comparative Advertisement as a Competition Accelerator - Focusing on the U.S. and EU Legislation and Court Cases -

    김종호 | 2011, (51) | pp.395~440 | number of Cited : 3
    Only recently, many competition authorities over the world tend to agree on comparative advertising being helpful in promoting competition. They now encourage firms to use it. The reason is that the comparative advertising, if fair and not misleading, increases consumers’ information about alternative brands. Antitrust authorities should encourage the use of comparative advertising because, if fair and not misleading, it conveys useful information to consumers and can increase competition in the market place. The aspect of comparative advertising most relevant for antitrust authorities is its role in transmitting information to consumers. This is related to the important issue of how information can be transmitted by an interested party to another economic entity and rises the problem of credibility. Here, competition policy and legal practice are essential in making comparative advertising informative. Competition policies, antitrust laws and their implementation are essential in making a comparative advertising campaign credible. This is important because only if claims are credible, comparative advertising can convey some useful information to consumers. If firms diffusing misleading ads are not punished, all claims become empty: comparative claims which are defined non actionable mere puffery becomes equivalent to generic ad and are not informative. The way consumers interpret advertising is important for the court, as implying falsity claims prove. If consumers are sophisticated enough such that they distinguish between comparative advertising containing puffery and other comparative advertising claims, also the legal attitude in the U.S. does not interfere with the flow of information from firms to consumers. In this paper, I explore a legal background of comparative advertising in Europe and the U.S. I provide an analysis of some recent legal cases in Europe and the U.S. Overall, I focus on the scope of information transmission through comparative advertising and on the way antitrust laws affect it. In this work, I explore the legal background of comparative advertising and the current legislation with respect to comparative ads in the U.S. and Europe. I also present a number of legal cases. They suggest additional considerations with respect to the issues regarding comparative advertising. They also provides an answer when designing competition policy with respect to comparative advertising.
  • 15.

    A Study of Operating Measures on Security System for Intellectual Property Rights

    Kim Yong Kil | 2011, (51) | pp.441~472 | number of Cited : 7
    Recently we are able to access the information of intellectual property easily anywhere in the world due to the development IT technology and industrial system. In Korea, the security system of intellectual property rights is lacking in evaluating institution of property and an expert in this area. A matter of grave importance is obtain trained personnel for both inspection and evaluation of protection and guarantees. Because of deficiencies concerning about assessment of intellectual property in process of development, it is necessary to standardize evaluating system of value and the mortgage capability in intellectual property rights. Now we are pushed on endeavor so as to allow assets including intellectual property rights to be operated as security by financial institution.
  • 16.

    Rechtsinhaberschaft von in Arbeits-und Dienstverhältnissen geschaffenen Computerprogrammen- Rechtsvergleich zwischen im deutschen- und koreanischen Rechtssystem -

    Choi, Sang Pil | 2011, (51) | pp.473~496 | number of Cited : 0
    Der Begriff des dienstlich oder geschäftlich hergestellten Computerprogramms nach § 5 CompG entspricht dem Begriff des Computerprogramms im Sinne des § 69b Abs. 1 UrhG. Das dienstlich geschaffene Computerprogramm bedeutet daher dasjenige Computerprogramm, das von einem Arbeitnehmer in Wahrnehmung seiner Aufgaben oder nach den Anweisungen seines Arbeitgebers hergestellt wird. Zwischen den Bestimmungen beider Länder über “Urheber in Arbeits- und Dienstverhältnissen” besteht jedoch ein großer Unterschied. Nach § 69b Abs. 1 UrhG ist grundsätzlich der Arbeitgeber zur Ausübung aller vermögensrechtlichen Befugnisse am Computerprogramm berechtigt. Damit ist darauf hingewiesen, dass dem Arbeitnehmer noch Urheberpersönlichkeitsrechte vorzubehalten sind. Dagegen sieht § 5 CompG vor, dass der Arbeitgeber als Urheber anerkannt ist, sofern nichts anderes vereinbart ist. Demgemäß hat der Arbeitgeber nicht nur alle wirtschaftlichen Rechte, sondern auch Urheberpersönlichkeitsrechte. Weil die ausschließliche Ausübung aller vermögensrechtlichen Befugnisse am Computerprogramm dem Arbeitgeber, der in die Entwicklung des Programms viele Geld investiert hat, einen genügenden Ertrag bringen soll, sollten dem Arbeitnehmer als Programmurheber zwar die Urheberpersönlichkeitsrechte vorbehalten sein. Es ist jedoch in diesem Falle zu verstehen, dass der Arbeitgeber zur besseren Ausübung seiner vermögensrechtlichen Rechte auch zur Ausübung des Veröffentlichungsrechts berechtigt ist.
  • 17.

    동아법학 총목차

    법학연구소 | 2011, (51) | pp.497~544 | number of Cited : 0
  • 18.

    편집위원회 규정 외

    법학연구소 | 2011, (51) | pp.545~576 | number of Cited : 0